[2008] KEHC 3508 (KLR)
The court found that the plaintiff had provided a reasonable explanation for the delay in filing the reply to defence, namely the breakdown in communication due to the prevailing political situation. The application was not brought after a long delay, and the defendant, though served, did not oppose the application....
Source-derived case information.
- Citation
- [2008] KEHC 3508 (KLR)
- Parties
- Plaintiff: Milicons Limited; Defendant: Rajiv Shah t/a Kenyamotor Sports Club
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Commercial Courts)
- Jurisdiction
- Kenya
- Case Number
- Civil Suit 580 of 2008
- Procedural Posture
- Civil Suit / Ruling on Application for Leave to File Reply to Defence Out of Time
- Outcome
- application allowed
- Judges
- PM Mwilu
- Legal Topics
- Extension of Time, Reply to Defence, Court Discretion
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Milicons Limited
Plaintiff
Rajiv Shah t/a Kenyamotor Sports Club
Defendant
Procedural Posture
Civil Suit / Ruling on Application for Leave to File Reply to Defence Out of Time
Legal Issues
- 1 Whether the plaintiff should be granted leave to file a reply to defence out of time.
- 2 Whether the delay in filing the reply to defence was justified.
Ratio Decidendi
The court found that the plaintiff had provided a reasonable explanation for the delay in filing the reply to defence, namely the breakdown in communication due to the prevailing political situation. The application was not brought after a long delay, and the defendant, though served, did not oppose the application. The court exercised its discretion to allow the plaintiff to file the reply to defence out of time, finding that the interests of justice would be served by granting the extension.
Court Disposition
application allowed
Orders
- Leave is granted to the plaintiff to file a reply to defence as per the annexed draft.
- The reply to defence shall be filed and served within ten (10) days of the date of this ruling.
Full Case Text
Judgment text and source record
16 paragraphs
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAIROBI (MILIMANI COMMERCIAL COURTS)
Civil Suit 580 of 2008
MILICONS LIMITED............................................................................PLAINTIFF
VERSUS
RAJIV SHAH T/A KENYAMOTOR SPORTS CLUB.................DEFENDANT
R U L I N G
The Plaintiff moves this court under Sections 95 and 3A of the Civil Procedure Act and Order VIII Rules 17(1) and 20 of the Civil Procedure Rules and all other enabling Provisions of the Law to be granted leave to file a Reply to Defence out of time. The application is based on the grounds inter alia that there was breakdown in communication between the Plaintiff and its counsel due to the political situation prevailing in the country during January 2008 and so the Plaintiff could not give instructions to its counsel in time to file a reply to Defence. That the Defence raises issues which require to be responded to. The application is supported by the supporting Affidavit of PHILEMON KOECH an Advocate of the court which explains the circumstances that led to the delay in taking further instructions from the Plaintiff and the delay in filing the Reply to the Defence. The submissions in court affirmed the contents of the said affidavit.
There is filed in court an affidavit of service to the effect that the application was served on the Advocates for the Defendants on the 19/02/08. There was no appearance for the Defendant on 02/04/08 when the matter was fixed to be heard.
I have considered the application and the annextures to the same. I find that the same merits to be allowed. It has not been brought after a long delay and therefore the same is allowed as follows:-
Leave be and is hereby granted to the Plaintiff to file a Reply to Defence as per the annexed draft.
Such Reply to defence be filed and served within TEN (10) days of the date hereof.
DATED and DELIVERED in open court in NAIROBI this 17thday of April 2008
In the presence of Matheka for the Applicant.
P. M. MWILU
JUDGE
17. 04. 2008